33 toyoda company buys gas pedals and other parts

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33. Toyoda Company buys gas pedals and other parts from subcontractors and puts them in its vehicles without changing their composition. If the pedals or other parts are defective, strictly liable for any damage caused by the defects are a. neither Toyoda nor the subcontractors.
b. Toyoda and the subcontractors. c. the subcontractors only. d. Toyoda only. 34. The brakes on a Central & Coastal Railroad train malfunction and it rolls towards maintenance workers on the tracks. Everyone gets out of the way except Dick, who wants to show off. The train hits Dick, who sues EZ Hydraulics, Inc., the brakes’ manufacturer. EZ can raise the defense of
35. Dwayne, an electrician, files a suit against Electro Mechanix, Inc., alleging that its circuit breakers are unreasonably dangerous due to the possibility of electrical shock. Dwayne’s suit is most likely to
ESSAY QUESTIONS 1. Tune Products, Inc., offers to sell to Unlimited Sales Company one hundred MP3 players at $50 a piece, subject to certain specific delivery dates. Unlimited replies with a signed purchase order that reads, “Accept your offer for 100 I-appliances at $50 each. Must be delivered to our warehouse.” Tune does not respond or deliver the goods. Unlimited files a suit for breach of contract, to which Tune answers that there is no contract because Unlimited’s purchase order contained additional terms and is not signed by Tune. Can Unlimited recover? Explain.
terms did not materially change the contract, and Tune did not object within a reasonable time. If either or both of the parties is not a merchant, a contract is formed according to the terms of the original offer. Thus, here, the additional term (delivery to Unlimited’s warehouse) would have become part of the contract even if one or both parties had not been merchants. Tune’s Statute of Frauds claim (that the purchase order was not signed by Tune) also fails. For a contract for a sale of goods between merchants, when one party sends a written confirmation within a reasonable time after terms have been reached orally, the confirmation is binding unless the recipient objects within ten days of receipt. The merchant receiving

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